Search Options
Judgment Advanced Search
Displaying 1101-1120 of 1761 results.
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....plication under Order 9 rule 13 of the Code of the Code of Civil Procedure registered Miscellaneous Case No. 123 of 1993 on 04.08.1993 against the said judgment and decree passed ex parte against him before the trial Court stating, inter alia, that the summons of the suit ......cation under Order 9 rule 13 of the Code of the Code of Civil Procedure registered Miscellaneous Case No. 123 of 1993 on 04.08.1993 against the said judgment and decree passed ex parte against him before the trial Court stating, inter alia, that the summons of the suit w......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..Category: Procedural Law | Date: | Hits: 143
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....ection 5(3) of the Service Sangbidhi-8 and terminated her service under Section 101 of Service Sangbidhi-6, and as such there is no violation of the principle of natural justice. The learned Counsel next submits that the High Court Division erred in construing the order of termination of service of ......nds on a different footing and an action for withstanding the fact that the terms and conditions of the said office are regulated by a contract, because the principle of natural justice, audi alteram partem is attracted in such case....simple termination of service without giving a blame or stigma, ...... had it been a case of simple termination without any stigma or without any proceeding, whatsoever during the period of probation the delinquent officer had no cause for concern for the said order of dismissal. 14. In the case of Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain C..Category: Employment/Service Law | Date: | Hits: 118
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....ne of the major revenue earning departments of the Government, the Customs Department has primarily been authorised by an Act of the legislature, namely, Customs Act, 1969 to deal with the import and export of goods into and from Bangladesh. Their authority to deal with offences and penalties is pro......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......section (2) says as under: "In every such case the police officer seizing the things shall send written notice of their seizure and detention to the nearest custom-house and immediately after the dismissal of the complaint or the conclusion of the enquiry or trial, he shall cause such things to ..Category: Fiscal/Taxation Law | Date: | Hits: 129
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....ndent No.1 contained in their letter No.DAD/SecGha/Khulna/Close-3568 dated 10.04.2001 contending, inter alia, that after completion of academic career the petitioner appeared in a competitive examination arranged by the Bankers Recruitment Committee for recruitment of probationary officers,......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......in Khulna Corporate Branch. 7. After a long silence of about 17 months, a formal letter of charge, vide Memo No. DCD/Section Gha/Khulna/D1887/104 dated 25.08.1996, proposing major penalty of dismissal from service under Rule 39 of the Sonali Bank Employees Service Rules, 1995 w..Category: Administrative Law | Date: | Hits: 423
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....39,71,334/- with cost fixing Tk.43,297/-, payable in four equal installments with interest @ 8% p.a. and in case of default of payment of any installment the decree could be satisfied through execution case. As the defendant judgment-debtor failed to make repayment of any installment t......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ...... filing the execution case started to run from the date of expiry of this one year time. So, we find that the learned Judge of the Artha Rin Adalat has rightly rejected the petitioner's prayer for dismissal of the execution case on the ground of limitation. 6. We have perused the leave p..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in the Artha Rin Adalat, 2nd Court, Dhaka, on 20.04.2004 praying for recovery of money and for foreclosure of mortgage property stating that the petitioner as Managing Director of M/S. Al-Faruque Textile Mills Limited availed a loan facility of Tk.4,39,31,000/- for setting up of a Textile Mills,...... such situation the respondent bank filed the Artha Rin Suit for recovery of Tk. 44, 12,56,166/-,which includes the principal amount and the interest amount accrued thereon. The suit was decreed ex parte vide judgment and decree dated 08.11.2004 and pursuant to said decree the respondent-bank fi......006 passed by the Artha Rin Adalat, 2nd Court, Dhaka, in Artha Rin Execution Case No.490 of 2005 rejecting the petitioner's application filed under Section 57 of the Artha Rin Adalat Ain, 2003 for dismissal of the Execution Case. 3. Facts relevant in the instant case are that the responde..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....r. After the said marriage, said Nasira Banu was owning and possessing a portion of the 1st, 2nd and 3rd schedule lands on the basis of the transfer in lieu of dower through a kabala which was executed about 100 years back. Then Md. Torab died leaving behind his widow Nasira Banu and two son......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ......y recorded in their names. All the contesting defendants claim their title and also possession and further claim that the plaintiffs have no title or possession in the suit land and prayed for dismissal of the suit. 4. The learned Assistant Judge decreed the suit on contest by the jud..Category: Property Law | Date: | Hits: 41
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....rt on scrutiny of the documents doubted the amalnama and observed that the defendant Nos.3 and 4 were not residing in the country after 1354 B.S. and thus found the amalnama of 1358 B.S., allegedly executed by defendant Nos. 3 and 4, to be a forged document. 3. The plaintiff filed Title Su......laintiff filed Title Suit No.66 of 1967 for declaration of title and confirmation of possession in the suit land. The suit was decreed against the defendant Nos.1 and 2 on contest and ex parte against the rest. The trial Court found title and possession of the plaintiff in the suit lan......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..Category: Property Law | Date: | Hits: 38
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....ivil Revision No.2212 of 2008 discharging the Rule arising out of judgment and order dated 09.06.2008 passed in Title Suit No.2384 of 2008 by the learned District Judge, Dhaka staying operation of ex parte decree of Title Suit No. 10 of 2006 by the learned Additional District Judge, Dhaka. ......l Revision No.2212 of 2008 discharging the Rule arising out of judgment and order dated 09.06.2008 passed in Title Suit No.2384 of 2008 by the learned District Judge, Dhaka staying operation of ex parte decree of Title Suit No. 10 of 2006 by the learned Additional District Judge, Dhaka. 2......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ..Category: Intellectual Property Law | Date: | Hits: 361
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....tion that the judgment and order dated 06.09.1999 obtained by the defendant-respondent in Miscellaneous (Pre-emption) Case No. 21 of 1998 is illegal, null and void, inoperative, fraudulent, unexecutable and liable to be set aside and the plaintiffs-petitioner Nos.1-4 and pro-forma-responden...... 3. The averments made in the plaint of the suit as well as the application for temporary injunction in brief was that though the defendant-respondent No.1 is a stranger yet he obtained an ex parte judgment and order in Miscellaneous (Pre-emption) Case No.21 of 1998 on 06.09.1999 chall...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..Category: Property Law | Date: | Hits: 33
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....e Tribunal. 4. As it appears the Administrative Appellate Tribunal on consideration of the materials on record, found that even though the petitioner conspicuously kept silent as to on which exact date his aforesaid appeal was rejected by the respondent No.2 but he, in his representa......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 780. ...... pass the impugned order of removal upon the petitioner, in the case of Govt. of Bangladesh and other Vs. Md. Sharufuddin Mollahas reported in 54 DLR (AD) 120 it has been held that punishment like dismissal or removal of a Sub-inspector of Police can be awarded by the Superintendent of Police a..Category: Administrative Law | Date: | Hits: 162
Special Reference No.1 of 2009, 38 CLC (AD)
....221: 1973 United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) ......ikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wall) 2, 18 L. Ed. 281 (1866). Special Reference No.1 of 2009 (Under A......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....s instituted Other Class Suit No. 50 of 1996 in the Court of the learned Senior Assistant Judge, Rangpur praying for declaration of title to the suit land and also for further declaration that the ex parte judgment and decree dated 13.11.1995 passed in Other Class Suit No. 99 of 1994 is not bind......nstituted Other Class Suit No. 50 of 1996 in the Court of the learned Senior Assistant Judge, Rangpur praying for declaration of title to the suit land and also for further declaration that the ex parte judgment and decree dated 13.11.1995 passed in Other Class Suit No. 99 of 1994 is not binding......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....Artha Rin) in the Court of learned Subordinate Judge and Artha Rin Adalat No.1, Dhaka, for recovÂery of Tk. 32,45,037/ 81 as of 30.09.1992 with 20% interest till realization and the suit was decreed ex-parte on 28.11.1993, pursuant to which the writ-petitioner bank filed an application for drawing ......ha Rin) in the Court of learned Subordinate Judge and Artha Rin Adalat No.1, Dhaka, for recovÂery of Tk. 32,45,037/ 81 as of 30.09.1992 with 20% interest till realization and the suit was decreed ex-parte on 28.11.1993, pursuant to which the writ-petitioner bank filed an application for drawing up ......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...Category: Banking Law | Date: | Hits: 373
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....the defendant petitioner praying for a decree for permanent injection restraining the defendant petitioner from dispossessing him from the suit land claiming the suit land on the basis of a deed of exchange dated 22.8.1988 and also the exclusive possession therein. 3. The defendant petiti...... deed dated 22.8.1988 does not correspondent to the land mentioned in the schedule of Title Suit No. 317 of 1973 and as such the plaintiff did not acquire any title in the suit land despite the ex parte decree in his favour in the said suit. He lastly submits that all the courts below including ......d suit, did not know about the mutation of the plaintiffs name on the basis of the decree passed in the said suit. The defendant alleged that he has title and possession in the suit land and prayed dismissal of the suit. 4. The learned Assistant Judge decreed the suit on contest by the ju..Category: Property Law | Date: | Hits: 29
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....t control regularly. The plaintiff has got other six shops which have been also let out to different person and the suit is liable to be dismissed. 4. Trial Court after hearing the case and examining the evidence on record and perusing the agreement and documents decreed the suit by his j......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......iving the notice by the plaintiff filed the case before the Rent Control being Rent Control Case No.21 of 1995 for depositing rent in Court which was ultimately dismissed and against the said dismissal order the defendant preferred an appeal before the learned District Judge which is still ..Category: Property Law | Date: | Hits: 57
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......unt after his prayer for waiver has been rejected and thereafter if there be any default in payment of the prescribed amount, then only the appeals could be dismissed for default. But the order of dismissal of the appeals being passed prior to the disposal of the applications for waiver in refer..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......li and mother of the defendants. Accordingly, Rupjan Bibi's name was recorded correctly in both R.S. and S.A. Khatians. The defendants have been possessing the said land. He prayed for dismissal of the suit. 4. Mr. Bivash Chandra Biswas learned Advocate-on-Record, appearing f..Category: Property Law | Date: | Hits: 24
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
....ose of the appellate Court disregarding that in revisional jurisdiction High Court Division cannot interfere with the findings of facts arrived by the appellate Court as a final Court of fact except under exceptional and defined ground on evidently perverse findings of facts not based ...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ......sion to transfer 3.08 acres of land to the plaintiff and S.A. records of the suit property was correct and the suit was filed for partition without proper cause of action and therefore, prayed for dismissal of the suit. 4. Mr. Mihir Kanti Majumder, learned Advocate, appearing for the peti..Category: Property Law | Date: | Hits: 27
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....did not pay the improvement cost in court it would be dismissed. 4. The learned Senior Assistant judge dismissed the Miscellaneous Case on contest against pre-emptor respondent No.1 and ex parte against the rest by his judgment and order dated 23.10.1997 and thereby disallowed pre...... not pay the improvement cost in court it would be dismissed. 4. The learned Senior Assistant judge dismissed the Miscellaneous Case on contest against pre-emptor respondent No.1 and ex parte against the rest by his judgment and order dated 23.10.1997 and thereby disallowed preem......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ..Category: Property Law | Date: | Hits: 26
35253523350134963495349434933487348534733471342434183416341534113399339133903389